Beginning FY 2008 the following will supersede guidance used to address a Congressional request in FY 2003 for counts of small business actions displayed on the HQ ad hoc report.
As of FY 2008 OC will no longer filter out cases which do not provide a proposed and assessed penalty of small business actions. This change will also eliminate the need to filter out any cases with Notice Pleading flag set.
Pre FY 2008 Guidance
In order to answer the Congressional request in FY 2003 with a consistent universe of cases we had to have proposed and assessed dollar values. OC filtered out any cases with notice pleading rather than ask everyone to calculate a proposed penalty. This fact may decrease your number of small business actions displayed on the HQ ad hoc report.
This fact has been discussed in length around HQ since we started this measure. OECA explained all the caveats of the data in our 2003 and 2004 reports to Congress. There has not been a decision made to alter this guidance so we will continue to filter out cases which do not provide a proposed and assessed penalty. When a Region reports the number of actions involving small businesses it should report the number provided by the ICIS ad hoc report which includes the filters.